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Articles 1 - 2 of 2
Full-Text Articles in Law
Remarks On Counterstrike, Eric Schmitt
Remarks On Counterstrike, Eric Schmitt
Penn State Journal of Law & International Affairs
After 9/11, the United States government was forced to think differently about terrorism and the nation’s ability to respond to attacks. Eric Schmitt and Thom Shanker address many of the intricacies faced by officials at the White House, the State Department and the Pentagon in their book Counterstrike. In this essay, transcribed from remarks given on March 21, 2012 at the Clarke Forum for Contemporary Issues at Dickinson College, Schmitt discusses how the U.S. government’s policies toward Al Qaeda and terrorism in general have evolved in the ten-year period following the attacks.
Optimal Hackback, Jay P. Kesan, Ruperto Majuca
Optimal Hackback, Jay P. Kesan, Ruperto Majuca
Chicago-Kent Law Review
Professor Jay Kesan from the University of Illinois College of Law, in joint work with Ruperto Majuca of the University of Illinois Department of Economics, argue in favor of legal rules that allow "hacking [data] back" in certain business circumstances. They analyze the strategic interaction between the hacker and the attacked company or individual and conclude that neither total prohibition nor unrestrained permission of hack-back is optimal. Instead, they argue that when other alternatives such as criminal enforcement and litigation are ineffective, self-defense is the best response to cybercrime because there is a high likelihood of correctly attacking the criminal, …